TKR & 100% temp disability

[mtmorical]

We are new to the site and hoping for some help.

My husband left service in 2002 honorably and medically. After he got home and received treatment they determined him at 0%. We went about life although his R knee has always been an issue. In 2013 it finally became to much for him so in the spring he started going back to the VA, they tried to clean it out with a scope, then they tried cortisone injections, but the doc said that his knee was too far gone and that he needed a TKR so at 38 years old he put as long as he could and it was scheduled for Dec 2015.

Unknown to us the VA was doing something with his discharge and one day we got a check in the mail for over $8k, and two days later a letter explaining that his R knee has now been rated at 10% do to degenerative joint disease, arthritis and would be receiving compensation at the 10% rate. Great!

Now my questions:

Will the approve the temp disability for his TKR since he has been determined 10% for arthritis?

Is there anything that they could deny it for? Like not getting medical care (we couldnt afford it and didnt know he was VA covered)

We filed a FDC only to get paper in the mail that he needed to sign saying his had no additional information, so we signed it and sent it back, then we got flag on ebenefits stating requested information past due. So we contact a VSO, he called us back and told us that they never should of sent that letter since we submitted a FDC, that he was working with a manager and was going to request an informal expedite since its caused his claim to be suspended due to the paper that should never of been sent, the flag about requested information past due has since been removed.

Has anyone had experience with this? Will they now drop us to a standard claim because we submitted those additional documents? Has anyone had luck with an financial hardship expedite request?

 

Thank you in advance for your help!

mtmorical

Edited March 28, 2016 by mtmorical
more info

[broncovet]

Then at least file for an increase.  VEts sometimes want to "wait" to file.  You can do that.  Just calculate how much it will cost you to wait.  At 100%, each days delay will cost you about 100 dollars a day.  How many hundred dollar bills can you afford to throw away?  For me, the answer is zero.  If you have six kids, then I would say you can not afford to throw any hundreds away either.  

More precisely, the VA pays you per month from the first day of the month FOLLOWING your application date, or the date the doc says you were disabled, which ever is later.  

So, its too late for you to get your app in march, because its the date VA receives it, and, unless you drop it by VARO, you wont get it there today.  So, tommorrows 100% application will be 3000 dollars less retro, because they dont pay per day, they round it to per month.  

[mtmorical]

Ok, does this matter for step-kids? Do I need a copy of my sons transcript for proof of college? Can we claim our grandson?

 

im now scared about what you said on elective? Will that matter? Will it be denied if it says that?

[mtmorical]

Do I have to be at 30% before I can add dependents?

if it's noted elective will they deny my claim? I was bone on bone, worst knee he's seen in someone my age. How can that be elective?

[mtmorical]

Now I'm really concerned. It doesn't say mandatory or elective. Just says that SC knee has deteriated to bone on bone due to degenerative arthritis (what I am SC for) and needs complete TKR and then in surgery notes it's noted again the condition of my knee, the bone removed and the length of time.

[broncovet]

Dont be worried, but do be informed.  

YOu can go to the CAVC or BVA website and search for similar cases. 

You can also pull up the criteria for rating.  

Being on hadit is a great idea.   Who is your representative?  Or, do you self represent (pro Se). 

[mtmorical]

John Eckert through American Legion. He did get them to back out the info we sent in and out the case back into FDC and to a rater in about 4 days. We actually had went to our county service center to begin with but they didn't tell us anything and should of known that info shouldn't of been uploaded but they did upload, then we find out she's the assistant the actual VSO doesn't meet with vets. So along time ago we selected the St. Paul DAV as rep and we called him about the info and again he fixed in 4 days.

we though the criteria was met, his SC is common for TKR (degenerative arthritis).

but I don't know if it was considered elective?

i don't know if because I did t get any care for 12 years on my knee is going to be a problem? We have 6 kids and medical is expensive. In 2013 found I could go to VA for care and started right away with scope, injections, no improvement.